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2025 DAILYLAW 149030 (ALL)

RAM MILAN TIWARI AND ANOTHER v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HOME LKO. AND OTHERS

CRLP/5960/2025 · 2025-07-09

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:38912-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 5960 of 2025 Petitioner :- Ram Milan Tiwari And Another Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. And Others Counsel for Petitioner :- Pramod Kumar Tiwari,Smt. Usha Tiwari Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. (1) Heard learned counsel for the petitioners, learned A.G.A for the State-respondent nos.1 and 2 and perused the record. (2) In view of the order proposed to be passed, the issuance of notice to the Opposite party no.3 is dispensed with. (3) Under challenge in this petition is the First Information Report dated 25.06.2025 lodged at F.I.R. No.0103 of 2025, under Sections 85, 115(2), 352, 351(3) B.N.S. of 2023 and Section 3 and 4 of Dowry Prohibition Act at P.S. Kumarganj, District Ayodhya. (4) Learned counsel for the petitioners confines his prayer for issuing direction to the police authorities to follow the mandate of Section 35(3) of Bhartiya Nagrik Suraksha Sanhita, 2023, (corresponding Section 41A Cr.P.C.) for the reason that the offences mentioned in the impugned First Information Report carry the sentence of upto 7 years of imprisonment. (5) Accordingly, we dispose of this petition with the direction to the police authorities concerned to follow the mandate of Section 35(3) of Bhartiya Nagrik Suraksha Sanhita, 2023, (corresponding Section 41A Cr.P.C.) and also the directions issued by the Hon'ble Supreme Court in the case of Arnesh Kumar Vs. State of Bihar, reported in (2014) 8 SCC 273. Order Date :- 9.7.2025 N.PAL Digitally signed by :- NARESH PAL High Court of Judicature at Allahabad, Lucknow Bench